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Attorneys for Tennessee inmate worry state could use expired drugs for lethal injection

Attorneys say Tennessee has not confirmed the drugs are unexpired, raising concerns as the state keeps its execution protocol and supplier details secret.

  • Attorneys for Tennessee death row inmate Tony Carruthers say the state may use expired lethal injection drugs at his execution on Thursday, after the Tennessee Department of Correction declined to confirm drug status on Wednesday.
  • Tennessee has a documented history of lethal injection failures; in 2022, Oscar Smith came within minutes of execution before Tennessee Governor Bill Lee issued a surprise reprieve revealing drugs were not properly tested for purity and potency.
  • Before Harold Nichols' December execution, Tennessee Deputy Attorney General Cody Brandon provided assurances the chemicals 'will not expire before his execution and have not expired,' but the state refused similar assurances for Carruthers, raising serious concerns about state intentions.
  • Federal Public Defender Amy Harwell wrote on May 18 that the inconsistency 'raises serious concerns that TDOC is intending to use expired drugs,' warning such chemicals could cause prolonged suffering without reliable consciousness loss.
  • Nationwide, states struggle with execution drug expiration and secrecy; South Carolina halted executions for 12 years while obtaining drugs, and Idaho prison officials failed to check expiration dates for Thomas Creech in October 2024, with drugs returned as expired nine days later.
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Attorneys for Tennessee inmate worry state could use expired drugs for lethal injection

Attorneys for a Tennessee death row inmate say they are concerned the state may be planning to use expired lethal injection drugs at a planned execution on Thursday.

·United States
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Winnipeg Free Press broke the news in Winnipeg, Canada on Wednesday, May 20, 2026.
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